Delegation Opposes Tribal Recognition Plan

Letter To Bureau Of Indian Affairs Says State Singled Out

Worried members of Connecticut's Congressional delegation have united to plead with the federal Bureau of Indian Affairs to reject a proposed change in federal tribal recognition rules.

In a letter signed by all seven members sent to the Bureau of Indian Affairs this week, the delegation blasted a proposal that it says would make it easier for Indian "groups" to win recognition — and perhaps open additional gambling casinos in Connecticut.

If approved, the new policy "would have a significant impact on Connecticut residents and, in some ways, seems to uniquely single out our state for disparate treatment,'' the letter states. It would allow "for any group of descendants from an Indian group" to potentially win federal recognition "if some of the descendants of an Indian group lived on a state reservation."

In a surprise earlier this summer, the head of the Bureau of Indian Affairs, Kevin Washburn, released a draft of proposed changes to federal recognition of tribes. The proposal would create a fast track to federal acknowledgement for tribes that have have been rejected for recognition but have had a state reservation since at least 1934, a provision that the delegation says applies uniquely to Connecticut.

In Connecticut, there are three tribes with reservations but who lack federal recognition. All three of those tribes — the Golden Hill Paugussetts of Trumbull and Colchester, the Schaghticokes of Kent and the Eastern Pequots of North Stonington — were denied recognition by the BIA during long and acrimonious proceedings over the last decade. Under the draft proposal, those tribes could conceivably win recognition merely by proving they have lived on a state reservation since 1934.

"The proposed rules are crafted in a way to almost specifically reverse a process that has already taken place,'' said U.S. Rep. Joseph Courtney.

He said the members of the delegation told Interior's Washburn, the assistant secretary for Indian affairs at the Department of the Interior, that Connecticut's elected leaders are united in opposition against the proposed change.

"I told Washburn that this is an abuse of rulemaking."

U.S. Sen. Richard Blumenthal, who opposed recognition for additional tribes when he was attorney general, said he could not understand why the Interior Department would propose a new rule that seemed uniquely designed to revive recognition chances for Connecticut tribes.

"The motive is a mystery. Why would they want to revive this period of costly and painful conflict?" Blumenthal asked. "Why would they want to be engaged in a fight with our delegation?"

"Our objective is simply to put a halt to this,'' said Blumenthal, who noted that the letter was signed by him, Courtney, Sen. Chris Murphy as well as the rest of the House delegation — Rosa DeLauro, Elizabeth Esty, John Larson and Jim Himes.

"It carries a lot of weight. We are so firmly united. A number of our members are fairly senior and highly regarded,'' Blumenthal said.

A spokeswoman for Washburn was not available for comment Thursday. The BIA will accept public comments on its proposal through Sept. 25 before making a formal proposal late this year or in early 2014.

The tribal recognition process, which has formally acknowledged 566 tribes, has been widely criticized as lengthy, costly and cumbersome.

Connecticut has two federally recognized tribes, the Mohegans and the Mashantucket Pequots. In general, federal law allows officially recognized tribes the right to operate a gambling casino.